Facts
The applicant, Sh. Suresh Kumar, retired from service as a Mate (Supervisor) with the Municipal Corporation of Delhi (MCD) on superannuation on April 30, 2019
Source reference: p.2Although the Pension Payment Order (PPO) indicated a capitalized value of pension of Rs. 8,18,089/- and Death-cum-Retirement Gratuity (DCRG) of Rs. 7,68,768/-, these amounts were not released promptly to the applicant
Source reference: p.2Instead, the respondents illegally deducted Rs. 8,320/- from his pension monthly
Source reference: p.2The respondents, through a short affidavit filed on March 12, 2025, admitted to paying the capitalized value of pension on November 22, 2023, and the gratuity on August 23, 2024, acknowledging a considerable delay
Source reference: p.4The respondents attributed the delay to their unsound financial position
Source reference: p.3The applicant sought the release of the remaining 40% advance amount of pension and gratuity with 18% interest, refund of illegally deducted amounts with 18% interest, and cost of application
Source reference: p.1-2Issues
1. Whether the applicant is entitled to interest on the delayed payment of capitalized value of pension (commuted pension) and DCRG
Source reference: p.3-4Law Applied
The Tribunal applied the principle established in Rajbir Singh v. MCD and Ors., O.A. No. 2821/2023, decided on October 30, 2025, which held that employees whose retirement dues, such as gratuity, are not paid in a timely manner are entitled to interest at the applicable GPF rate, calculated on a compound basis
Source reference: p.5Reasoning
The Tribunal noted the respondents' admission of significant delay in paying the capitalized value of pension and DCRG to the applicant
Source reference: p.4Citing the Full Bench decision in Rajbir Singh (supra), the Tribunal emphasized that the issue of entitlement to interest for delayed payment of retirement dues is no longer open for debate
Source reference: p.5The Rajbir Singh decision specifically mandates the payment of interest at GPF rates, calculated on a compound basis, for delayed retirement benefits
Source reference: p.5Therefore, despite the respondents' plea of financial distress, which was used to justify releasing benefits in installments, the Tribunal found the respondents legally bound to pay interest as per the established precedent
Source reference: p.3, p.5Holding
The Tribunal disposed of the OA, directing the respondents to pay interest for the period of delay on the capitalized value of pension and DCRG to the applicant
The interest is to be calculated from the date of the applicant's retirement until the actual payment date, at GPF rates, compounded, in accordance with the Full Bench decision of Rajbir Singh (supra)
Source reference: p.5This award is subject to the outcome of WP(C) No. 19199/2025, pending before the High Court of Delhi
Source reference: p.5The exercise of calculating and paying the interest is to be completed within eight weeks from the date of receipt of the certified copy of the order
Source reference: p.6Original Court PDF
Sh. Suresh Kumar v. Commissioner, Municipal Corporation of Delhi & Ors., O.A. No. 2223/2023
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